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Employment Law

Denial of overtime could be adverse employment action (access required)

A woman’s loss of an opportunity to earn overtime, which was a significant portion of her earnings, could be an adverse employment action sufficient to support a claim for retaliation, and her hostile work environment and retaliation suit is remanded. ...

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Decision to terminate woman’s employment backed by law (access required)

In considering a woman’s challenge to her termination, the appellate court said the case required a de novo review of a hearing officer’s final decision. The hearing officer’s initial finding of retaliation was based solely on his faulty understanding of ...

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Refusal to hire hearing-impaired applicant not ADA violation (access required)

An employer who did not hire a hearing-impaired man as a shipyard pipefitter was granted summary judgment based on evidence that the ability to hear alarms and announcements was essential, that pipefitters are subjected to high noise activities and that ...

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Removal from government contract was not religious discrimination (access required)

The court granted defendant’s motion for summary judgment on the plaintiff’s religious discrimination claims because there was no evidence the defendant’s conduct was because of the plaintiff’s religion. Background Ann Bender was an employee of a private corporation (SAVA), working ...

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Company can pursue ex-employee for retained property, trade secrets (access required)

Because an employer did not abandon its claim that a former employee breached his employment agreement by retaining company property after resignation, the district court erred in dismissing the claim. And because the employer took steps to maintain the secrecy ...

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Contractor must pay pension fund for journeymen, apprentices (access required)

An air conditioning contractor that allegedly failed to make required contributions on behalf of journeymen and apprentice plumbers and pipefitters was found liable to the pension fund for liquidated damages, interest from the date the payments were due and attorney ...

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Unauthorized use of personnel files not ‘protected’ (access required)

The unauthorized inspection and copying of personnel files by a sheriff’s office employee in support of her discrimination claim was in violation of a valid, generally-applicable state law prohibiting such conduct and did not constitute “protected activity” sufficient to support ...

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Claim not barred by release agreement (access required)

Although an employee signed a general release agreement, the employer was not entitled to summary judgment because there is dispute whether the agreement provided rights more beneficial than under the law. Background James Tolle filed this employment discrimination action under ...

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